§ 4238. — Monitoring of compliance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4238]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 4238. Monitoring of compliance
(a) Enforceable agreements
(1) In general
The Director, through binding contractual agreements with owners
or other authorized entities, shall ensure long-term compliance with
the provisions of this subchapter.
(2) Measures
The measures referred to in paragraph (1) shall provide for--
(A) to the extent allowable by Federal and State law, the
enforcement of the provisions of this subchapter by the
Department and the Secretary; and
(B) remedies for breach of the provisions referred to in
paragraph (1).
(b) Periodic monitoring
(1) In general
Not less frequently than annually, the Director shall review the
activities conducted and housing assisted under this subchapter to
assess compliance with the requirements of this subchapter.
(2) Review
Each review under paragraph (1) shall include onsite inspection
of housing to determine compliance with applicable requirements.
(3) Results
The results of each review under paragraph (1) shall be--
(A) included in a performance report of the Director
submitted to the Secretary under section 4239 of this title; and
(B) made available to the public.
(c) Performance measures
The Secretary shall establish such performance measures as may be
necessary to assess compliance with the requirements of this subchapter.
(Pub. L. 104-330, title VIII, Sec. 819, as added Pub. L. 106-568, title
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106-569, title
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2987.)
Codification
Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
identical sections 819 of Pub. L. 104-330. This section is based on the
text of section 819 of Pub. L. 104-330, as added by Pub. L. 106-569,
Sec. 513.
Section Referred to in Other Sections
This section is referred to in section 4234 of this title.
